Answer to Question 1
e
Answer to Question 2
Consumer welfare
The court hearing the case was not convinced by the father's arguments. Rather, the court held that certain risks, such as falling off a jungle gym, are so obvious that manufacturers need not warn of them. In its decision, the court applied the age-old common-sense principle: If you fall, you might get hurt.
Today's manufacturers are plagued by product liability suits, many of which strain the limits of one's legal imagination. There is, after all, something called common sense, and most courts agree that consumers should expect to incur certain risks when they use particular products. For example, if a consumer is cut by a sharp knife, the manufacturer should not be held responsible for that injury because the risk was obvious and inherent in the nature of the product. Similarly (one would think), manufacturers of playground equipment should not have to bear responsibility for injuries sustained by children who fall off such equipment, providing the equipment itself is not faulty. But many consumers view the matter otherwise, and in recent years, a number of casesincluding the Cozzi casehave come before the courts in which plaintiffs allege that manufacturers of playground equipment should be held liable for injuries sustained by children while playing on the equipment.